Legal

Terms of Service

Effective Date: July 16, 2026

Last Updated: July 16, 2026

These Terms and Conditions (“Terms”) govern your access to and use of the website, communications, appointments, proposals, and services provided by OptiMax Works, a DBA of Wellspring Search LLC (“OptiMax Works,” “we,” “us,” or “our”).

By accessing our website, submitting a form, scheduling an appointment, communicating with us, or purchasing services, you agree to these Terms.

These Terms are a general website and communications framework. Specific client services may also be governed by a separate proposal, statement of work, service agreement, order form, or contract. If a signed client agreement conflicts with these Terms regarding paid services, the signed client agreement controls.

1. About OptiMax Works

OptiMax Works provides digital marketing, lead-generation, advertising, website, automation, customer relationship management, reputation, analytics, consulting, and related business services.

Our legal business information is:

Wellspring Search LLC, doing business as OptiMax Works

17 Center Trail

Fairfield, PA 17320

United States

Email: hello@optimaxworks.com

Phone: 240-896-4443

Website: https://optimaxworks.com/

2. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding agreement to use our services.

When acting on behalf of a company or other organization, you represent that you have authority to bind that organization to applicable agreements.

3. Website Use

You may use our website for lawful business and informational purposes.

You may not:

  • violate any applicable law or regulation
  • interfere with the operation or security of the website
  • attempt to gain unauthorized access to systems or accounts
  • introduce malware, harmful code, or automated attacks
  • scrape or harvest data without written authorization
  • impersonate another person or business
  • submit false, deceptive, fraudulent, or misleading information
  • use the website to transmit unlawful, abusive, infringing, or harmful material
  • misuse forms, appointment systems, telephone numbers, or communication channels

We may restrict or terminate access where misuse, security concerns, or unlawful conduct is suspected.

4. Information and Marketing Content

Website content is provided for general informational and business-development purposes.

Although we aim to keep content accurate and current, we do not guarantee that every page, statement, example, price, service description, result, or technical detail will always be complete, current, or error-free.

Marketing performance depends on numerous factors outside our control. Unless expressly stated in a signed agreement, examples, projections, case studies, estimates, and prior results do not guarantee future performance.

Advertising and marketing claims must be truthful, non-deceptive, and supported by an appropriate basis. (Federal Trade Commission)

5. Inquiries and Appointments

Submitting a form, booking a call, or communicating with us does not create a client relationship.

Appointments are subject to availability and may be rescheduled or cancelled.

You agree to provide accurate contact and scheduling information. You should notify us promptly if you cannot attend an appointment.

We may limit or decline appointments involving:

  • spam or abusive submissions
  • misleading or incomplete information
  • conflicts of interest
  • services outside our scope
  • unlawful or inappropriate requests

6. Proposals and Service Agreements

Any proposal, estimate, presentation, or recommendation is subject to:

  • further discussion
  • confirmation of scope
  • availability
  • pricing review
  • contract execution
  • payment requirements
  • applicable terms stated in the proposal

A proposal does not become binding until accepted in the manner specified and, where required, a service agreement is signed and any required payment is received.

Unless otherwise stated, proposals may be revised or withdrawn before acceptance.

7. Fees and Payment

Fees, billing schedules, deposits, retainers, advertising budgets, third-party charges, and payment terms will be stated in the applicable proposal, invoice, order form, or service agreement.

You are responsible for:

  • paying invoices when due
  • maintaining valid payment information where recurring billing is authorized
  • approved advertising spend
  • applicable taxes
  • third-party platform charges
  • late fees or collection costs where permitted and stated in the governing agreement

Failure to pay may result in suspension or termination of services.

We will not charge recurring fees unless authorized through the applicable agreement or payment process.

8. Third-Party Platforms and Services

Our work may involve third-party systems such as:

  • Google
  • Microsoft
  • Meta
  • GoHighLevel
  • WordPress
  • hosting providers
  • advertising platforms
  • analytics tools
  • telephone and messaging carriers
  • payment processors
  • domain registrars
  • software and integration providers

Third-party systems are governed by their own terms, policies, fees, availability, and technical limitations.

We are not responsible for:

  • third-party outages
  • account suspensions
  • algorithm changes
  • policy changes
  • platform rejections
  • advertising disapprovals
  • data loss caused by a third party
  • service interruptions outside our reasonable control

You are responsible for maintaining lawful and authorized access to accounts you ask us to manage.

9. Client Responsibilities

When purchasing services, you may be required to:

  • provide accurate information
  • supply timely access to websites, accounts, domains, analytics, advertising, email, CRM, and other systems
  • review and approve content, designs, campaigns, and technical changes
  • respond to requests and deadlines
  • comply with applicable laws and platform rules
  • ensure your claims, offers, products, and services are lawful and accurate
  • maintain required licenses, disclosures, permissions, and consents
  • protect credentials and notify us of unauthorized access
  • pay advertising and third-party costs

Delays caused by missing access, approvals, content, or client decisions may affect schedules and results.

10. Intellectual Property

Our materials
Unless otherwise stated, our website, branding, methods, written content, graphics, designs, processes, templates, systems, and other original materials are owned by or licensed to Wellspring Search LLC.
You may not reproduce, distribute, sell, modify, or commercially exploit our materials without written permission.
Client materials
You retain ownership of materials you provide, subject to any rights granted in the applicable agreement.
You represent that you have the right to provide and authorize our use of those materials.
Deliverables
Ownership and licensing of paid deliverables will be governed by the applicable proposal or service agreement.
Pre-existing tools, methods, templates, know-how, software, and reusable systems remain the property of their existing owner unless expressly transferred in writing.

11. Confidentiality

Information clearly identified as confidential, or that reasonably should be understood as confidential, will be handled in accordance with the applicable service agreement and law.

Confidential information does not include information that:

  • is publicly available without breach
  • was already lawfully known
  • is independently developed
  • is lawfully obtained from another source
  • must be disclosed by law or legal process

Do not submit highly sensitive information through general website forms.

12. Email Communications

By providing an email address, you agree that we may send communications related to:

  • inquiries
  • appointments
  • proposals
  • contracts
  • services
  • onboarding
  • account administration
  • requested follow-up
  • operational notices

Where permitted, we may also send educational or promotional email.

Commercial email recipients may opt out of marketing messages using the unsubscribe method provided. The CAN-SPAM Act establishes requirements for commercial email and gives recipients a right to stop future marketing messages. (Federal Trade Commission)

Opting out of marketing does not prevent us from sending necessary transactional, contractual, appointment, security, or service-related messages.

13. SMS Messaging

OptiMax Works may send application-to-person text messages, including inquiry responses, appointment messages, service communications, and authorized marketing. A2P messaging can include appointment reminders, notifications, and marketing messages sent through a business application. (Twilio Help Center)

Text messages will be sent only where appropriate consent has been obtained.

By separately opting in, you agree to receive messages from OptiMax Works at the mobile number provided.

  • Message frequency varies.
  • Message and data rates may apply.
  • Consent is not a condition of purchase.
  • Reply STOP to opt out.
  • Reply HELP for assistance.
  • Carriers are not liable for delayed or undelivered messages.

Your consent applies only to OptiMax Works and is not transferable to unrelated marketers.

Complete SMS terms are available at:

https://optimaxworks.com/sms-terms

HighLevel’s current registration guidance requires publicly accessible Privacy and Terms pages and expects mobile terms to identify the sender, describe the program, provide support information, state recurring-message disclosures where applicable, and include complete opt-out instructions. (HighLevel Support Portal)

14. Telephone Calls and Call Recording

Calls to or from OptiMax Works may be monitored, recorded, or transcribed for:

  • quality assurance
  • training
  • service delivery
  • sales follow-up
  • recordkeeping
  • security
  • dispute resolution

Where required, an appropriate recording disclosure will be provided.

You should not disclose passwords, full payment credentials, or unnecessary sensitive personal information during a recorded call.

15. Privacy

Our collection and handling of personal information are described in our Privacy Policy:

Privacy Policy | Optimax Works

Our SMS Messaging Terms are located at:

https://optimaxworks.com/sms-terms

16. Reviews and Feedback

You may provide feedback, testimonials, reviews, comments, or suggestions.

Unless otherwise agreed, you grant us a non-exclusive right to use voluntarily provided feedback for legitimate business purposes, subject to applicable privacy and advertising laws.

Nothing in these Terms prohibits an individual from posting an honest review or expressing a truthful opinion. Federal law restricts contract terms that penalize or prohibit honest consumer reviews. (Federal Trade Commission)

17. No Professional Advice

Our website and services do not constitute legal, tax, accounting, investment, medical, or other regulated professional advice unless expressly provided by a properly qualified professional under a separate agreement.

You should consult appropriate advisers regarding matters requiring professional advice.

18. Disclaimers

To the fullest extent permitted by law:

  • the website is provided on an “as is” and “as available” basis
  • we do not guarantee uninterrupted or error-free access
  • we do not guarantee rankings, leads, sales, revenue, approval, or specific marketing results
  • we do not guarantee continued availability of third-party platforms
  • we are not responsible for decisions made solely in reliance on general website content

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

19. Limitation of Liability

To the fullest extent permitted by law, Wellspring Search LLC and its owners, employees, contractors, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from use of the website or services.

Where liability cannot be excluded, our aggregate liability relating to a particular paid service will be limited as stated in the applicable service agreement or, if not stated there, to the amount paid to us for the service giving rise to the claim during the three months preceding the event.

This limitation does not apply where prohibited by law or to liability that cannot legally be limited.

20. Indemnification

To the extent permitted by law, you agree to indemnify and hold Wellspring Search LLC harmless from third-party claims, losses, or expenses resulting from:

  • unlawful use of the website or services
  • materials or claims you supplied
  • infringement caused by client-provided content
  • violation of law or platform policy
  • breach of these Terms or a governing agreement

This provision is subject to any different terms contained in a signed service agreement.

21. Suspension and Termination

We may suspend or terminate access to the website, communications, appointments, or services where reasonably necessary because of:

  • nonpayment
  • unlawful conduct
  • fraud or abuse
  • security risk
  • breach of an agreement
  • misuse of systems
  • failure to provide required access or cooperation
  • legal or platform requirements

Termination of paid services will be governed by the applicable service agreement.

22. Force Majeure

We are not responsible for delay or failure caused by circumstances beyond our reasonable control, including:

  • natural disasters
  • severe weather
  • war or civil unrest
  • labor disruption
  • government action
  • internet or utility failure
  • cybersecurity incidents
  • carrier outages
  • platform outages
  • third-party service failures

23. Governing Law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles.

Any mandatory consumer rights under applicable law remain unaffected.

The venue and dispute-resolution process for paid client services may be further specified in the applicable service agreement.

24. Changes to These Terms

We may update these Terms periodically.

The revised version will be posted on this page with an updated effective date.

We will not apply material changes retroactively where doing so would be unfair, deceptive, or unlawful. The FTC has warned that quietly changing terms in ways that materially affect existing commitments may raise unfairness or deception concerns. (Federal Trade Commission)

25. Severability

If any provision is found unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

26. Waiver

Failure to enforce a provision does not waive the right to enforce it later.

27. Entire Agreement

These Terms, the Privacy Policy, the SMS Messaging Terms, and any applicable signed service agreement constitute the agreement governing the relevant relationship.

A signed service agreement may contain additional or different terms for paid services.

28. Contact Us

Questions regarding these Terms may be directed to:

OptiMax Works

A DBA of Wellspring Search LLC

17 Center Trail

Fairfield, PA 17320

United States

Email: hello@optimaxworks.com

Phone: 240-896-4443

Website: https://optimaxworks.com/

Call 240-896-4443